THEY CATCH THE LEADEK CONVICT THOMPSON RUN DOWN AFTER AFIQHT 11 1'rlnoiior llatllul With Olllcern , Hut Hlunnrd by llullct t'onnn I'nriuilng Alcn Who Held up 6horl0 Cook. Topeka , Kas. , Nov. 12. Frank Thompson , the negro leader of the mutiny at the federal prison at Lcav- -onworth , which resulted In the escape 1 ist , Thursday of twenty-six prisoners , was captured eight miles nortlj of 'Council Grove this evening by a posse under command of Deputy United States Marshal K. A Prescott. Thompson would not surrender , but was taken after a hard tight with the otlicers in which lie was shot In the head , but not severely , injured. No .member of the posse was hurt. , Deputy Marshal Prescott lias bean In Cornell Grove since Saturday morn ing on the watch for escaped prison ers. There are a number of them in Mils vicinity and several depredations on property have resulted from their presence. This morning Deputy Prcs- cott heard of the presence of a negro convict a few miles north of town and immediately sot out to make the capture , assisted by Sheriff Michael Jind other otllcors. The. ofllcers had just emerged from n wooded tract when they saw Thomp son running across the opc'ii "He was ordered to halt , but he answered by wheeling around and doing some rapId - Id firing with -14-calibro revolver. The olllcor then tired and Thomp- s n dropped He was stunned and w s ea > ilv 'curod. Thompson will In1 , taken back to the penitentiary t'o 4n irrow. f iSLOWI.Y liltlXOINO THKM IN. , Kansas City. N'nv 12. Warden Me- Claiighry .of the l 'ort Lcavcnworth military prison reports by telephone this morning that Lawrence Lewis , white , the thirteenth of the convicts to be taken lias been airested at Lo- tnax , Kas. Tw i others , in addition to the coup'e ' that yesterday made a captive of Sheriff Cook , are said to have been wounded in a light with otlicers between Topeka and Leaven- Votth and that otlicers are reported to have bad a light with convicts near Ahnil some time last night. " All thiee places noted arc situated within a radius of fifteen mile's of Topeka and it is considered likely t iat > ono of the parties includes the two men who escaped from SbcrifT Cook. Bdh weic wounded yesterday , which will probably make their cap ture easier. Another telegram to the warden from the city marshal at Quencmo , which is close to Lomax , says that 'Lewis was shot in the back and fatally - . tally wounded. ' Topekti. K.is. , Nov. 12 At 00 : ! o'clock t'his morning nothing had been hoard from the police olllcers | Who left last night to follow the two convicts who made such a sen.satl.onal escape from olllcois at Pauline 'late .yesterday afternoon The ollicers of the towns in the vicinity of Pauline have been notified as well as the farm- ; < MS for miles around and it is thought 'these two desperate convicts will be rounded up before night. May A HI HIT ( or .Mimli r. Louisville , Ky. . Nov. 12' Newell 'C1 Rnlhbiiu , who was supposed to have been dead in a Jeflersonvillc , - 3nd. , hotel last Thursday , was ar rested in this city today Accordion to Rathbun the corpse which was shipped to Little Rock for burial as Hie body of flathbuu was the body of AV. L. Ten Eykc. The police say llathbun has confessed to desertion from the United States army and to having formed a plan to fraudu lently collect four thousand dollars Insurance on his life , but that bo denies having killed the man who ] | * d in the Jcffersonville hotel. llathbun was arrested on informa tion from Sergeant Skinner of the United States recruiting station. .Rathbun enl'isted under the name of "Lou tloot , Detroit. " Sergeant Skinner had read the story of the Jetlersonville case and circum stances connected with the new re cruit aroused his suspicions. One of these was the fact that the man had on a government suit of underwear. He said he had bought the garments from a soldier friend. A nether cirum- Btance was his knowledge of army alfairs about Little Rock. Saturday lie passed the examination and en listed At the detective ofllce Rathbun was put through thesweatlng process and according to his inquisitors made the statements as'aboyc related , The police are trying to establish the identity of the dead man. .Mix Stone U Hopeful Soda , Bulgaria , Nov. 12. From another letter that has been recciud from Miss Ellen M Stone , the ab ducted American missionary , it ap pears that she is enduring the trials -of her hard experience with fortitude , forgetting herself In her anxiety for her companion , Mrae. Tsllka. Miss Stone does not dare to complain of the treatment to which they are sub jected ; but she finds the confinement Irksomp. K HE ADMITS HIS CRIME RATHBUN CONFESSES TO ALL BUT MURDER CHARGE Hoped Only to Out aioney Shipped Corpno ( u Cnrry out Itmurnnoo Swindle Anxtoiift About 1'ennlty Sayi Maa Died of Alcoholism. Louisville , Ky. , Nov. 13. Newell 0. llathbun , who , according to the police , has confessed that he planned to defraud an Insurance company out of1,000 by pretending that a corpse shipped to Little Ilock , Ark. , was his own dead body , today admitted , the authorities say , that the man who accompanied him to the hotel in JcXcrsonvlllc , Ind. , and was found dead the next day , was Charles Good man , who is said to have como from Evansville , Ind. Goodman disap peared from the Salvation army hotel In Louisville last Wednesday night with the anounnced intention of goIng - Ing to Indiana with a newly found friend Chief of detectives Sullivan. Chief Applcgaoand Coroner Coots of JclTcr- sonvlllc Interviewed llathbun today. Itnthbun listened as ' 'one by one the circumstances which the police re gard as prooofs of his guilt were laid before him by Chief Sullivan. Ac cording to the officers , llathbun sud-1 denly sprang up and , walking to a windowlooked out for a few minutes. Then turning like an animal at bay , ho faced the crowd of men in the room and asked in a shaking voice : "What Is the punishment for offens es of this kind in Indiana ? Docs the death penalty exist there ? " "Never mnid about the penalty , Rathbun. " said Cnpain Sullivan , "what we are interested in is the name of the dead man. " ADMITS IDKNTITV OK DBAD. Rathbun hesitated a moment , and said : ' 'You arc on the right track. Goodman is the name of the dead nmn. I met him in fiont of the Sal vation army and determined to keen lilm drunk for several days and tin n lixhim' " Hero he stopped and said : "If I should make a confession it would be printed in the papers and would turn the people against me. " He then lapsed into a sullen silence and would say no more. When ques- ioned further ho denied having given Goodman laudanum and said he would hayo made use of chloroform. lie then refused to go back to Indiana without requisition papers Col. John IX Redman , United States rci ruitlng officer hero , notified Chief Sullivan today that no requi sition will bo necessary for the return of Rathbun to Jellersonville , Ind. He says that Rathbun * is now a go\- eminent prisonei , charged with de- scrtirninnd as soon as he can com municate svith Washington he will have the prisoner taken over. The JelTersonville authorities will make claim for the custody of Rathbun on the charge of murder. The detectives are now working on a clew as to whore the laudanum was purchased and Kathbun was taken back to jail. , Just before this , however - over , lie made the following state ment : "J admit everything , except that I killed Goodman. I meant to kill him , and kept him drunk for the purpose , but he died of alcohloism and 1 was not forced to make away with hi MI. My story about an accomplice named Dlanchard was fictitious. I acted alone and without a confederate. " Blanchard was , according to the story Rathbun told yesterday , a cor poral whom Rathbun got acquainted with at Plattsburg , N , Y. Young runner In 1'oieoiind. Bcrda , la. , Nov. 13. While .Too Naberhaus , who is a young farmer residing about four miles northeast of town , and his wife weie attending services at the Catholic church Sun day , someone entered their homo and scattered stiychnine over the bread and buttcr.and put some in the coffee , which had been left on the table. When Mr. and Mrs. Naberhaus re turned from church they partook of some lunch , never suspecting that their food had been poisoned. Mrs. Naberhaus tasted the coffee and no ticing that It was bitter , she prompt ly spit it out. Mr. Naberhaus ate some of the bread and butter , and about flltecn minutes later was taken violently sick. His wife gave him a glass of milk and then sped across the road to a neighbor's house for assistance. When she returned to the house her husbnad had become so numb and rigid that lie could not move his hands or feet. Ho was Im mediately placed in a carriage and taken to town. Dr. Jones admin istered an emetic , and in ashorttimo succeeded in making him vomit. Confune * to Itolilierj. Van Wert , O. . Nov. 1U. Warren D. Melindy , night telegraph operator at the Pennsylvania railroad station hen- , has been arrested for pilfering mall pouches left in ills olllce every night. Decoy packages placed in the mail by Postmaster Purmcrt led to the arrest. Melindy confessed when confronted by the officers Many ar ticles supposed to have been stolen were found In the basement of the depot and at Mellndy's hone. FIGHT AS ASSAVAGES SAVAGES PARTICIPANT IN SAMAR AFFRAY TELLS OF MASSACRE. Troops Cnticht In Tni | Nntlvc * llfttrli I'lot UndnrnClulioot rrlomlitlilp Mer. cllomly Mutilated llielr Uimnucd Vic. tliuj. ' San Franlsco , Nov. 14. Among the arrivals on the steamer "Kmpress of China was Lieut. F. F. Allison of the United States navy , who Is on his way home from Manila. Speaking .of the massacre of the members of the. Ninth Infantry at Samar , he said the natives had grown to like the colored troops who had been stationed there , and when the Ninth arrived It was thought by the A'morlcan troops that the same frlond ly feeling would be shown to them , and theguard was not as strictly kept ) as It otherwise would have bCen. [ .The night before the massacre , the village president came to Captain Council and before the padre declared that It would take the one hundred more ombres ( n tv liborors ) , to do certain pioneer work. He did not have the men and begged the Indul gence of the army captain. Honest and true in the legitimate dischaige of his duty , Captain Council said : "Do the best you can. Get any native who will work , but clear nway the underbrush. " now TUB MAHSACHi ! : IIICOAN Just before day break the natives with bolos to cut underbrush began coming Into camp. Then the mas sacre began. The last underbill'h man felled the sentry , the church bell rang , the soldiers went to break fast below the floors that held the arms ; the Insurgents separated , half went upstairs and shot down the men there and the other half went in the mess rooih and murderedtho , unarmed soldiers by force of numbers. Not ono of the survivors turned his back upon the scene of carnage-untll nil was lost , their otllccrs fallen , their comrades slaughtered and a terrible vengeance executed upon the enemy. Then they sjivcd them selves and their wounded "men. Council , appaiently , was awakened in Ills quarters by the attackers pot - ing in. He was alone , so he jumped from the window , down among his guards , but the guards had all been slaughtered. He was struck down by many bolus almost . 'S soon as he struck the ground. Not satisfied with killIng - Ing himthe assassins hacked bib body Into'bits , severing the head , upon which they piled paper and sticks of wood , setting Ihem alhe to icndtr the face unrecognizable. The body , however , was identified by Lieutenant Drouillaid's detachment which came down from Uascy. KIOI1T I.1KU IIKItOKS. Separated from their weapons most of the rank and file fought like he roes , with knives , chilis , stones , and rude . . . banco such weapons - i threw In their way. 11 u.ia liit.ter . fate that befell the mith'- . who closed with the American'- l < 'me they re ceived their deat.li wn.mls. Some of the native dead were buried by their comrades before they fledbut Colonel do llussey ordered 160 more to bo thrown Into a trench. "A rifle In the hands of the first sergeant of the company rendered a terrible account. The sergeant who Is now in the Toeabhn hospital , killed the faitliliss presldente , who led the attack. With six men he fought his ; way t < > the hcadqua t rs building to see'if they could rescue or pick up a stricken comrade. Des pite the mad rushi-s of ( lie savages that surrounded themthey wore able to secure the post , colors. Then they cut their way back to the beach , where another little knot of comrades was defending the barotos and their wounded companions. " Lieutenant All ison says there are 70,00 troops In Samar. Ho says thcro have been a number of lilibusterii g expeditions fitted out in Singapore and Hong Kong , mostly Germans , which in some cases have succeeded in landing their contraband arms and ammunition , but many captures have been made by the gunboats. SUKI'HISKS INbUUOlCNT HAND. Manila , Nov. I4. Captain Hart- man's troop of cavalry early this morning surprised four hundred in surgents at Ituan , in Balangas pro vince , southwestern Luzon. Half the Insurgents were armed with rifles. * They were prepared for an attack and were in rifle pits. The cavalry attacked the insurgents on the flank , killing sixteen of them , wounding five and capturing nine rifles. The Insurgents broke and ran , the cavalry pursuing them. Muni Mum tlix Chicago , 111. , Nov. 14 The Amer ican Anti-Cigarette lcaguewhich is said at present to have a member ship of over 300,000 has drawn up a pledge , which Is to be read In every Sunday school In the United States November 24. It hinds the signer to abstain from the use of cigarettes or tobacco In any form until twcnty-ono years of age , and the expectation In that several hundred thousand slgna < lures will be obtained. KILLED IN INHER HER BED' WOMAN SHOT DEAD BY BURGLAR IN KANSAS T < > WN. IlttAbnnil Quirk ( n Avnngn 8lny th Mur- dcrrr lloforojlln Quit * Ilio Ilootn Com panion of Ju d Alan Mmmc ' tn Bu. cope. Kansas City , Mo. , Nov. ' IS. A special to the Star from Galena , Kan. , says : At Central City , a mining carnp , three miles east of Galena , at 2 it'elock this morning Mrs. S. C. Kramer , wile of a merchant , was shot dead In her bed by Ed Watklns , a town tough , who had cntcied the house for the purpose of robbery. Mr. Kramer then shot and killed Walklns. Watklns had formerly been employed by Kramer in the hitter's general store. Kramer had disposed i of considerable property In town yes terday and was accompanied home by Watklns. Mrs. Kramer was awakened during I he night and found Watklns standing over the bed and pointing a revolver at her. She managed to exclaim : "Why , Kd , you wouldn't hurt us , would you1 when Watklns , without - . out paying heed to her plea , fired , the ball entering Mrs. Kramer's "temple and killing her instantly. Kramer arose by his .vlfc's side and fired three times at Watklns , each ball taking olTcct. After Ktamer's first shot Watklns called to his partner , who was in an adjoining room : "Kd , do your duty. " Then Watklns died without speak ing another word. His pal , whose identity Is unknown , escaped. Kramer's little seventeen-months'- ! old girl was sleeping between him and his wife when the mother was shot. . ' I _ _ _ tli I.OIHTrxnii , I St. Luois. Mo. , Nov. If. . . A tele-1 gram has been received by Chief of Detectives Desmond from Sheriff' House of Concho county , Texas , stat ing that the picture of Longbaugh , ' the train robber suspect held at the 1 Four Courts , bad been identified as that of Kilpatrlck , "tho Lone Tox- na' who is wanted there for murder. A special dispatch to the Republic from San Angelo , Tex. , says that the picture of Desmond's prisoner , sent there , is positively identified as that1 of Hen Kilpatrick , who escaped at Sonora last April when Kill Carver was killed. The woman , Laura Bul- llon , is also well known there. More Oi the stolen Helena Mont. , bank bills aiu turning up in circulation about San Angelo. Chief Desmond sweated Kllpatrick , harder than ever today. He acknow i ledged lie had been raised at Painted j Rock and that he knew Sheriff House. i "Yon OJ wanted for nun dor down there , ' ' said Chief Desmond. "Now , who did you kill ? " "f don't remember being in any trouble down there , " replied the Then ho slopped talking. 1)011 ' Salt Lake City , Utah. , Nov. Ifi. A Herald dispatch from Richflold , Sevicr county , states that the damage to property'in that county from last i night's earthquake will amount to almo.st 8100,000. I Scarcely a building escaped damage ' of some kind. The Mormon tabcrna- cle at Riuhliold was damaged to the extent of $2,000. The members of the choir wore in the structure at the shock and lied , terrified , to the si reef. At Marysvale the entire population lejl , their homes after the first shock , built bonfires in the streets and camped out/all night. In many parts of the country landslides have oc curred , blocking railroads , changing ttrciinsand causing general disorder. Illdlnini Murilt-ror Michigan City , Ind. . Nov. 15.- Joscph 1) . Keith was hanged iicro at 12:20 : this morning. Keith was , a firmer in Warrick county. On April 3 , Keith sent to one Miss Kifer a note ' asking her to bo at an old bridge that nltjht. This is the last time she svas sjon alive. Her dead body was found some time afterward in a creek near Kvansville , Ind. Later evidence was discovered that she was murdered near Keith's home and that the body was placed in a well , from which it was taken by Keith when lie became nlarmed at threats of search , and thrown Into a crock many miles fiom blie well. The case wont to the su preme court , which on November 1 alllnned a death sentence. Washignton , D. C. Nov. 15. The Schlcy court of inquiry began today to hold two sessions daily instead of inc. Will InvcutltfaKi ringne. Now York , Nov. IS. Among the passengers on the steamship Lucindu tor Liverpool tomorrow will be As-1 listant Surgeon John F. Anderson of the United States Marino hospital jervlce. Dr. Anderson has been de tailed by President Roosevelt to go to Liverpool and to investigate the re sent outbreak there of the bubonic plague. lie will report to Washing- ion of the provulance of the plague nd the possibility of Its spread. l VKWULL'ELE VATOR BURNS /ACQUES GRAIN COMPANY SUF- pans LOSS BY FIRE. ATlthnitl Doubt Inrrndlnrjr IlulldhlK nn l < irHlu Ulnlroj-pil , Involving I. M nt tK.OOO-Trninp AttmupM to A Frriunnl Wnmitn. Fill-well , Nobr. , Nov. 10. Tht aigo olcvutor at tills place belonging ; 'o the Jinnies Grain company was to- Jiilly destroyed by fire last night , rjio bla/.o was first discovered at a few minutes before midnight , and in ( ass Uiuii half an hour the entire itructurc was In ruins. The building ontained abotit 8,000 bushels of wheat and 1,000 bushels of rye , most .if which had bison placed there only i short time before. Thai the lire was of Incendiary origin is certain. 'It started on the outside in a cornet whis c the driveway to the dump joins the. otllcc annex. Furthermore It Is claimed that a trail of scattered Jtraw was left between that place iind a nearby strawplle , indicating that tho. Incendiary had deliberately jcarried material with which to start the lire. The value of the building Is conservatively estimated at1,000 , while thu grain destroyed wsis wortli fully as much more. The only salvage vage- affected was the company't books which were rescued after the olllce was enveloped in ( lames. The amount of Insutance carried ! . ' not known. Tr.tmp Attempt * Fremont , Neb. , Nov. 10. A trnmi named Charles Halley , who came hen yesterday afternoon with four othen of his kind fiom Omaha , is charged with attempting a criminal assault upon Mrs. William Riley about hall past nine o'clock last night. 11 * followed her , she says , on her waj home and at a dark corner near i livery barn on West Third street trice' to overpower her. She screamed am in ule s.ich , i vigorous escape that In was unable to prevent her escape Mrs. lUlc.y ran to the door of the llv cry st'able olllce and got inside justai Matt Ilrald who was sleeping tlien and who had boon aroused from hit slumbers by bis cries of distress anc the man's throats to kill her If shi did not remain quiet , was about to open the door. ' Ileald left this barn In care of i farmer who was ( hero for the purposi of securing his team , and followei Bailey to the Union Pacific station The latter was joined on the way bj ! his three companions , and all won ] arrested together a short ifino later This morning Bailey had his pro liminary hearing In police court anc was positively itlentilied , by Mrs Rllcy and the two men at the llveri barn as the nmn who attempted tin assault. He denied this and his com , miles told a story similar to the om which he related , but It had evident ly been concocted while they wereal in jail together , lie was bound ovu to the district court in the sum o $ .100. The others were all released , Dlvorcri 3ln < l > to Orilur. I'KOHIA , 111. , Nov. 10. Mrs. SusI Tylur tiled suit for divorce from lie husband. John Tyler here today. Till suit bringsX > ut a peculiar story. Ii 11)00 ) Mrs. Tyler went to .St. Louis ant there engaged the St. Louis law bu reau to secure a divorce for her. The. gave her , i.n the course of.two weeks a document purporting to be adecro issued In the superior court of Cool county , secured through this ageno. in Chicago. She then came to Pcoria where she married Jessie Walters Jlor Hrst husband , learning of th marriage , threatened to have her ar rested for bigamy , hence the dlvoro suit. The address of the St. Loui law bureau is given as 810 1-2 Chest nut street and S. 0. ISrbsti'lii a manager. Sim' l > r n Companion. . DAVID CITY , Neb. , Nov. 10.- Kverott , the elevenyearold son o 13. G. Hall , met with a painfu accident yesterday. He , in coinpan. with several other boys , were return ing home from school , when La lire . Stafford , ji youth about the sain ' ago , drew from his pocket a piste , loaded with a HI ! , cartridge am f suggested to young Hall that he holi ' up a tin can and lie would shoot a it. This request was readily com piled with. Stafford shot , I he hullo going through the can and hittlni ' young Hall in the right temple , com pletely burying itself in the flesh The ball has not yet been removei by the physicians. The wound is no considered dangerous , but is quit painful. Wore Tliun n .SconrK" . PKKIN , Nov. 10. The Chines court lias arrived at Kai Fong Fu capital of Ho Nan , having left tin people along its route of march hal ruined by the contributions levied fo entertainment , repairing of roads am decorations. The ministers of til foreign powers arc considering a sug gcstion from the Chinese officials t the effect that the ministers mce and formally welcome the empero when he arrives atPekln. NEBRASKA NOTES The board of public lands and buildings met last week and decided to advertise for new bids for tin reconstruction of the west wing ol the Norfolk asylum. The spccllica- tlons arc the same as those on which bids were recently based. The Nebraska City News last week celebrated the forty-seventh year ol Iks existence , it , was first published In the block house In this city on Nov. 14 , 18f > l , by the late Thomas Merion , and has been continuous ! } published here since that time. Principal Wntcrhousc of thcOmalu high school has instituted trial bj cnurtmartlal for the punishment ol students wlio have a propensity tt keep things belonging to others. Twt trials have been held and ono student , a cadet , was reduced to the ranks. Fred Meyer and Miss Louisa Schu macher of the Cornlea neighborhood. Columbus , Ncbr. , were married losi week at the Humphrey Catholli church , 1100 guests participating h the wedding festivities at the homi of the groom's father , Barney Meyer. Mrs. Eliza M. Chadduck , widow o ; the late Dr. J. W. Chadduck , diet at home in Nebraska City last wccl after a lingering Illness , aged sixty- NX ! years. She came to this cltj from Virginia , with her husband it 1808 and has resided here since that time. * - In the dispatch In Wcdncfiday'i Journal of last week regarding tin men who shot the mall boxes oi Chas. Burchell and Mr. Rcavis at error wad made aS'to the residence ( y the perpetrators. They arc resident * of Ivcarney , Buffalo county , Inste. t of Kearney county. A contract was let one day las ) week for the removal of the West Omaha church from the southwest corner of Thirty-seventh street nut Martha , avenue to the south side u Farnani street , between Fortieth uni Forty-first streets. It will horcafta bo called the McCabe Methodiff church. The cases of Attorney J' . A. Vai Orsdel of Cheyenne , Wyo. , agalns ! the eight reservation settlers , tn the attorney fees in the recent Inn ! settlement , came up for hearing ii justice court , at Wymorc , Monday of last week , when a change of voiiui was taken to the county court at . Beatrice. Expressions of grief were made bj almost every person In Blair whci the news of the death of S. W. Os borne in Samoa , reached here , lit came to Blair from Now York It i ISdf ) , and began the practice of Maw , which lie continued until 1897. That year , in company with his wife afit son , he left for Samoa. The body of Henry Bunbrlght , win was killed at Whiting , la. , Saturdaj by falling between twoN freight can while the train on which he was rid ing was running a full speed , hot been received at cVrtiand for burial Runbrlght was a morn her of companj 1 , First Nebraska regiment , and sai service in the Phlllipinos. Mrs. Amanda Lewis , wife o Thomas Lewis , of Wymorc , wastako to the asylum for Insane nt Llncoh last week. Mrs Lewis was brouglil home from the asylum about threi ' months ago , when it was suppose she was permanently cured. Bur about two weeks ago she was takci sick again , and her condition waj such that It was thought best to tab her back to the asylum where shi can receive proper attention. r The Fairmont gun club met la ? week , choosing sides , the losers ti pay for an oyster supper. Hcaton Hodgson , Frapplo , Cubbison an < Magee were on onc.sldc and Aldrlch Ilcnsel , Jones , Drummondand ITura on the other. The former won by | score of 89 to 80 out of a possible 100 The oyster supper was served nt tlv Clarendon. After supper the boji had a good time with music an ! dancing. Governor Savage has accepted thi invitation of the Omaha audltoriun company to take part in the Inaug u ration ceremonies , when ground fq the auditorium will be "broken. ' Other arrangements for the inangur ation ceremonies arc progressing fav orably , the committee reports. No only will the affair be made inter csting to residents of the city , bur also to all those from out in the stab or Iowa who arc In Omaha that day J. 0. Merrill , a dairyman of Cla ; Center , contending that the fool commission law passed by the legia laturo of 1899 was nnconstltutlona * because it imposed an annual licens fee of 810 upon dairymen , arranged i friendly suit with Food Commissione S. C. Bassctt and the case was trlw ono day last week In the district court before Judge Stubbswho founi Mr. Merrill guilty of trying to ovadi the law. Sentence was suspondei and an appeal will be taken to tin supreme court to test the vaMdlty o the law.